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REPORTS

OF

CASES ARGUED AND ADJUDGED

IN

THE SUPREME COURT

OP

THE UNITED STATES.

DECEMBER TERM, 1851.

BY BENJAMIN C. HOWARD,

COUNSELLOR AT LAW AND REPORTER OF THE DECISIONS OF THE SUPREME

COURT OF THE UNITED STATES.

VOL. XIII.

BOSTON:
LITTLE, BROWN AND COMPANY,
Law Publishers and Booksellers,

18 5 2.

Langar

KF
101

A 212
4.54

Entered according to act of Congress, in the year 1852, by

LITTLE, Brown, AND COMPANY, In the Clerkis Office of the District Court of the District of Massachusetts

RIVERSIDE, CAMBRIDGE:

PRINTED BY H. 0. IIOUGIITON AND COMPANY.

STEREOTYPED BY STOXE AND SMART.

REPRINTED
FROM THE ORIGINAL EDITION

BY

WILLIAM S. HEIN & CO., INC.
BUFFALO, N. Y.

AND
CLARK BOARDMAN CO., LTD.

NEW YORK, N. Y.

1968

REPRINTED IN TAIWAN

SUPREME COURT OF THE UNITED STATES.

Hon. ROGER B. TANEY, Chief Justice.
Hon. JOHN MCLEAN, Associate Justice.
Hon. JAMES M. WAYNE, Associate Justice.
Hon. JOHN CATRON, Associate Justice.
Hon. JOHN MCKINLEY, Associate Justice.
Hon. PETER V. DANIEL, Associate Justice.
Hon. SAMUEL NELSON, Associate Justice.
HON. ROBERT C. GRIER, Associate Justice.
Hon. BENJAMIN R. CURTIS, Associate Justice.

JOHN J. CRITTENDEN, Esq., Attorney-General.

WILLIAM THOMAS CARROLL, Esq.; Clerk.

BENJAMIN C. HOWARD, Esq., Reporter.

RICHARD WALLACH, Esq., Marshal.

LIST OF ATTORNEYS AND COUNSELLORS,

ADMITTED AT ADJOURNED DECEMBER TERM, 1851

WALKER BROOKE, John A. Wilcox, WILLIAN A. GRAHAM, William C. Dawsox, RICHARD MCALLISTER, F. B. CUTTING, JAMES S. Rowe, WILLIAN FESSENDEN, TULLY R. CORMICK, JAJES LOCKHART, J. SIDNEY SMITI, John L. HEYLIN, James F. Joy, FRANCIS H. CONE, John B. Niles, RICHARD BUSTEED, MAUNSEL B. FIELD, D. C. GODDARD, ETIELBERT C. HIBBEN, CHARLES SUMNER, WILLIAM STEWART,

Mississippi.

Do.
North Carolina.
Georgia.
Pennsylvania.
New York.
Dlaine.

Do.
Missouri.
Indiana.
Missouri.
Pennsylvania.
Michigan.
Georgia.
Indiana.
New York.

Do.
Ohio.

Do.
Massachusetts.
Indiana.

RULES OF COURT.

RULE No. 61.

When the death of a party is suggested, and the representatives of the deceased do not appear by the tenth day of the second term, next succeeding the suggestion, and no measures are taken by the opposite party within that time to compel their appearance, the case shall abate.

This rule shall apply to cases now on the docket, as well as to cases hereafter brought. And those now on the docket, and falling within the rule, shall abate on the tenth day of December Term, 1852, unless, upon special cause shown, the court shall direct otherwise.

RULE No. 62.

In cases where a writ of error is prosecuted to the Supreme Court, and the judgment of the inferior court is affirmed, the interest shall be calculated and levied from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the State where such judgment is rendered.

The same rule shall be applied to decrees for the payment of money, in cases in chancery, unless otherwise ordered by this court.

This rule to take effect on the first day of December Term, 1852.

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